Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 6 die Maii.
Bill to reverse Mrs. Lisle's Attainder.
Nassau & al. Nat. Bill.
Proceedings against the E. of Devonshire in the King's Bench.
This Day being appointed to hear Sir Robert Wright, Sir Richard Holloway, and Mr. Justice Powell, concerning the Proceedings in the Court of King's Bench against the Earl of Devon, in Easter Terme, 3° Jacobi IIdi, upon an Information for an Assault upon Mr. Culpeper in Whitehall:
And the said Sir Rob't Wright and Sir Richard Holloway being at the Bar, and Mr. Justice Powell in his Place, and Mr. Bradbury and Mr. Petyt (who were appointed by the House to attend this Day) being permitted by the House to stand at the End of the Clerks Table, where also stood the Clerk of the Crown-office in the King's Bench, and his Deputy, with the Records relating to this Matter; which Deputy having publicly read the said Record:
Mr. Justice Powell said to this Effect: "It was his great Misfortune, that he was misguided by some Books which he looked on as Authorities, which he finds by their Lordships Judgements are not so; and he humbly begged their Lordships and the Earl of Devon's Pardon. As to the Fine, he looked on 3000£. to be Fine enough. His Silence in that Business was his greatest Fault, for which he also begged Pardon."
Then Sir Rob't Wright said to this Effect: "That as to the Breach of Privilege, they were misguided by Precedents; as to the Fine (which is usually set according to the Quality and Estate of the Person fined), it came from the Puny Judge Thirty Thousand Pounds, and so to him last, according to the Course of the Court. And if he was mistaken, he begged Pardon; for he never had the least Disrespect to the Lord of Devon."
Then Sir Richard Holloway spake to this Effect: He, as Second Judge, pronounced the Fine 30,000£. which was set Nemine Contradicente; and if a lesser Fine had been proposed, he should have accepted it; and did not justify the Proceedings, but looked on it as an excessive Fine; and begged my Lord Devon's Pardon, and submitted all to their Lordships."
Whereupon Mr. Justice Powell said, "Sir Richard Holloway may remember there was a Discourse of the Fine 5 or 6 Days before at the Lord Chancellor's, where Sir Rob't Wright, Sir Richard Holloway, Sir Richard Allibone, and himself, were."
Mr. Justice Powell being asked, "What Discourse they had at the Lord Chancellor's?" said, "The Lord Chancellor first proposed Twenty Thousand Pounds; but afterwards said it would be better if Thirty Thousand Pounds, and then the King might abate Ten Thousand: To this he declared his Dislike to the other Judges, but not before the Chancellor."
The Court over-ruling his Plea of Privilege, a Breach of Privilege;
"That the Court of King's Bench in over-ruling the Earl of Devon's Plea of Privilege of Parliament, and forcing him to plead over in Chief, it being within the usual Time of Privilege, did thereby commit a manifest Breach of the Privilege of Parliament.
"That the Fine of Thirty Thousand Pounds imposed by the Court of King's Bench, upon the Earl of Devon, was excessive and exorbitant, against Magna Charta, the common Right of the Subject, and against the Law of the Land."
Commitment of a Peer on a Fine.
Sir Rob't Wright to be brought;
ORDERED, That the Keeper of the Prison of Newgate be, and is hereby, required to bring in safe Custody to this House Sir Rob't Wright, To-morrow at Ten of the Clock in the Forenoon; and this shall be a sufficient Warrant on that Behalf.
and other Judges to to attend.
Agutter versus Collins.
ORDERED, That this House will hear the Cause depending in this House, wherein Nathaniell Agutter is Plaintiff, and Mary Collins Widow and others are Defendants, on Friday the 10th Instant, at Ten of the Clock in the Forenoon.
Judges to give Reasons for their Judgement against Otes.
ORDERED, That this House will hear Sir Richard Holloway and Sir Francis Withins, to give their Reasons or Grounds for their Judgement given against Tytus Otes, To-morrow, at Ten of the Clock in the Forenoon.
Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 7um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.